LENDLEASE CONSTRUCTION AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Application for approval of the Lendlease Construction and CFMEU (WA) Collective Agreement 2024-2027

[1] An application has been made for approval of an enterprise agreement known as the Lendlease Construction and CFMEU (WA) Collective Agreement 2024 - 2027 (Agreement). The application was made by Lendlease Construction (QLD/WA) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement made pursuant to s.172(2)(a) and the employers covered are related employers within the meaning of s.172(5A) of the Act. Specifically, these employers are engaged in a 'common enterprise' (i.e. construction management that collectively operates as Lendlease's construction business in Western Australia), and share a corporate structure under which they are all wholly-owned subsidiaries of Lendlease Construction (Aust) Holdings Pty Limited, such that they are 'related bodies corporate' (as defined in the Corporations Act 2001 (Cth)). The Agreement does not relate to a 'genuine new enterprise' that the employers are establishing or proposing to establish and is not a greenfields agreement made under section 172(2)(b) of the Act.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[4] The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

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